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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Will a Termination for Theft Show Up on a Background Check or Credit Report

    My question involves criminal law for the state of: New York.

    Last year, I was asked to meet with my company's district manager (I worked in a retail store). Upon meeting with him, he made me sign a lot of paperwork saying this was a confidential meeting that was between him, myself, and a loss prevention officer who was on the phone. As an employee, I had stolen around $200 worth of company goods and funneled it into monetary gift cards. I confessed and subsequently signed a few papers with a written confession as well as promissory note to pay the restitution of the same amount. Afterwards, I asked the DM if this was confidential and private and if it would be on my record and she said no as long as I paid the restitution. A few weeks later, I received a letter from a law office regarding the restitution as well as several phone calls from them. I eventually paid the restitution in full about a month or two later.

    I have held a seasonal position since then for which I was hired on the spot, therefore no such background check was conducted. I am currently trying to obtain a position at a financial institution where I received notice that they would be conducting a background check. My question is, will this incident show up during the background check/consumer report?

    I would like to add that the DM never told my own store manager the reason for my being fired, just that I WAS terminated for reasons withheld.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Terminated for Employee Theft-Will This Show Up on Background Check/Consumer Repo

    If the police or prosecutor were never informed of the incident, nothing will show up on a criminal background check. However, your prior employer will likely be contacted by your prospective employer. While it is unlikely that your prior employer will divulge the details of your conduct (in fact, are likely legally barred from doing so), it is likely that they will report that you were "fired for cause" or similar wording that will raise red flags with your prospective employer. Be prepared for your prospective employer to demand full disclosure from you about the circumstances of your firing.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated for Employee Theft-Will This Show Up on Background Check/Consumer Repo

    With respect, in NO state is an employer legally barred from giving the details of a former employee's behavior in a reference check. It is a myth that employers are barred from giving out any information but dates of hire, salary and rehire status. The law does not prohibit an employer from telling the truth. In fact, most states have passed hold-harmless laws protecting the employer from any legal action regarding a truthful, but negative reference. The OP's state has no laws limiting the employer on what he may say.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated for Employee Theft-Will This Show Up on Background Check/Consumer Repo

    Also; if the store is a member, there is a National Retail Theft Data Base that thefts can be reported to & other member companies can check it on a prospective employee.

    (It's made up of retailers - members National Retail Mutual Assoc.)

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